The MD Ohio Environmental Law Update

Ohio EPA issues final Model General Permit for shale oil and gas well sites.

2012-02-15T14:01:00.000-05:00

The general permit covers all operations involved in an oil and gas well site during the production phase of the well. To review the Model General Permit, click here.

Obama Administration Releases Action Plan to Address Ocean Challenges.

2012-02-07T14:00:00.003-05:00

The new plan also incorporates treatment of the Great Lakes. For more information, click here.

PUCO anticipates savings with passage of utility securitization bill.

2012-01-26T13:29:00.000-05:00

The new law replaces high-interest short-term debt with low-interest long-term bonds, which PUCO believes will save utility customers money on their electric bills. For more information, click here.

US EPA issues first national standards for mercury pollution from power plants.

2012-01-20T16:28:00.000-05:00

The standards are accompanied by a Presidential Memorandum that directs EPA to use tools provided in the Clean Air Act to implement the Mercury and Air Toxics Standards in a cost-effective manner that ensures electric reliability. For more information, click here.

Bergmann v. Michigan State Transportation Commission, No. 10-17091770 (6th Cir. Dec. 15, 2011).

2012-01-17T16:17:00.000-05:00

A motion to enforce a CERLCA consent decree is governed by the equitable doctrine of laches rather than the state statute of limitations.

State ex rel. Doner v. Zody, Slip Opinion No. 2011-Ohio-6117 (Ohio December 1, 2011).

2012-01-11T14:16:00.000-05:00

Where a physical or regulatory taking results in continuing damage to another’s property, the statute of limitations is tolled.

Ohio EPA starts the New Year with several hearings on rule modifications.

2012-01-06T16:16:00.000-05:00

The modifications would affect the hazardous waste rules, asbestos rules, composting rules, drinking and ground water operator certification rules, and surface water permit to install design flow and waste strength rules. To learn more about the hearings, click here.

Ohio EPA issues statement concerning the Patriot Water Treatment and City of Warren’s permit appeals before the Environmental Review Appeals Commission

2011-12-28T10:50:00.000-05:00

The permit, as it was originally issued, allowed for Patriot to dispose of more than 100,000 gallons of oil and gas brine per day into the City of Warren’s sewer system. For more information, click here.

Ohio EPA considering draft general permit for temporary wastewater discharges

2011-12-20T10:49:00.000-05:00

Temporary discharges are usually those associated with a facility or site cleanup; a one-time emergency discharge related to an environmental cleanup activity; discharges required for restoring conditions affecting aquatic life or to protect human health and safety; and discharges resulting from testing pilot projects. For more information, click here.

Ohio EPA proposes amended rule for particulate emissions from industrial processes

2011-12-16T10:48:00.000-05:00

The rule would require exemptions for surface coating operations to be approved by both Ohio EPA and US EPA. For more information, click here.

Caputo v. Toledo, 2011-Ohio-5682 (Ohio 6th Dist. Ct. of Appeals Nov. 4, 2011).

2011-12-13T10:45:00.000-05:00

Repair of a storm sewer is a maintenance activity and, therefore a proprietary function for which the City was not entitled to statutory immunity; however, plaintiffs failed to establish a causal link and therefore cannot recover. To read the case, click here.

State ex rel. Nix v. Bath Twp., 2011-Ohio-5636 (Ohio 9th Dist. Ct. of Appeals Nov. 2, 2011).

2011-12-12T09:43:00.000-05:00

The 9th District Court of Appeals affirmed that Bath Township was not entitled to statutory immunity, ruling that plaintiffs challenged the Township’s maintenance of its drainage facilities, which is a proprietary fund, and not the Township’s decision to install drainage facilities. To read the case, click here.

Ross Cty. Water Co. v. Chillicothe, No. 10-3422 (6th Cir. Nov. 30, 2011).

2011-12-08T08:30:00.000-05:00

The Sixth Circuit upheld a rural water company’s exclusive right to provide water service to the disputed area under the Agricultural Act.

Ohio EPA issues draft rule on oil and gas exploration and production in Ohio

2011-12-07T10:40:00.001-05:00

The new rule would affect the Marcellus and Utica Shales. Comments on the draft rule are due on December 12, 2011. For more information, click here.

ODNR appoints new Chief of the Division of Oil and Gas Resources Management

2011-11-30T10:47:00.000-05:00

The division is newly created and will enforce Ohio’s laws related to oil and gas drilling, production, plugging, orphan wells, solution mining, enhanced recovery, gas storage and underground injection control operations. For more details, click here.

Ohio EPA proposes updates to rules governing drinking water and wastewater operators.

2011-11-25T16:16:00.000-05:00

The new rules would change exemption availability and would affect the process for suspending or revoking a certificate of operation. For more information, click here.

Ohio EPA proposes changes to clarify water quality trading rules.

2011-11-20T13:15:00.000-05:00

The new changes would, among other things, disqualify load reduction from eligibility for water quality credits when that reduction is funded through Ohio EPA’s Water Resource Restoration Sponsorship Program. For more information, click here.

State Files for Temporary Shutdown of Columbus Refinery for Air Pollution Violations

2011-11-14T14:13:00.000-05:00

Ohio Attorney General Mike DeWine filed Charges of Contempt against Heartland Petroleum in Franklin County Environmental Court seeking the temporary shutdown of its refinery for ongoing air pollution violations that have caused substantial odor nuisances. For more information, click here.

Ohio EPA proposes amended rule for particulate emissions from industrial processes.

2011-11-11T16:13:00.002-05:00

The amendment would require exemptions for surface coating operations be approved by both Ohio EPA and U.S. EPA. Comments on the proposed rule are due Tuesday, November 15, 2011. For more information, click here.

Ohio EPA now accepting comments on new air quality plan for lead

2011-10-07T12:41:00.000-04:00

Ohio EPA will hold a public hearing on the issue at its Columbus office on Tuesday, October 11, 2011. To review the air quality plan, click here.

White House will not issue new ozone standards before 2013

2011-10-05T14:41:00.002-04:00

The President has withdrawn the draft Ozone National Ambient Air Quality Standards, stating that states should not be forced to implement a new standard before the review scheduled for 2013. For more information, click here.

Ohio EPA issues draft administrative rules

2011-10-05T14:39:00.000-04:00

The rules govern public notice procedures, public meetings, public records, trade secret claims, verified complaints and adjudication proceedings. Click here for more information.

U.S. EPA requires new testing by manufacturers of 19 chemicals.

2011-01-31T09:54:00.000-05:00

The goal of these tests is to obtain information regarding the health and environmental effects and the chemical fate of these chemicals. For more information, click here.

U.S. EPA issues guidance on PCB-containing light ballast.

2011-01-20T09:52:00.000-05:00

The guidance is directed primarily at schools with light ballasts pre-dating 1979. For more information click here.

U.S. EPA creates new web-tool to provide the public with more information about industrial chemicals.

2011-01-11T09:56:00.000-05:00

This new tool allows the public to access and search health and safety studies submitted to EPA through the Toxic Substances Control Act. For more information and to view the tool, click here.

U.S. EPA issues new permitting guidance for greenhouse gases.

2011-01-03T12:49:00.000-05:00

The guidance provides information that permit writers and applicants will need to address GHG emissions in permits. To review the guidance, click here.

Ohio Attorney General issues opinion regarding the maintenance of underground storm water drainage.

2010-12-30T09:45:00.000-05:00

A township is not required to maintain or repair underground storm water drainage facilities when those facilities were installed by a developer and located in unincorporated territory. The duty to maintain only arises when necessary for the removal of water from township roads. For more information, click here.

U.S. EPA finalizes rules governing carbon sequestration.

2010-12-28T12:46:00.000-05:00

The new rules ensure appropriate geographical testing and monitoring of CO2 movement. To review the rules, click here.

U.S. EPA proposes guidance for underground storage tanks.

2010-12-22T16:47:00.002-05:00

The guidance addresses how to store biofuel blends. Comments are due December 17, 2010. For more information, click here.

U.S. EPA in the process of studying the effect of hydraulic fracturing process on drinking water quality.

2010-12-17T14:48:00.000-05:00

Of the nine firms currently using the fracturing process, eight complied with EPA’s request for information. The study is congressionally mandated. For more information, click here.

U.S. EPA finalizes greenhouse gas reporting requirements for the petroleum and natural gas industries.

2010-12-15T08:56:00.000-05:00

Petroleum and natural gas facilities that emit at least 25,000 metric tons of carbon dioxide must report emissions of carbon dioxide, methane, and nitrous oxide. For more information, click here.

Ohio EPA issues draft revisions to water quality standards containing designated uses for eight bodies of water.

2010-12-14T12:43:00.000-05:00

The revisions would affect Grand River, Sandusky River, Huron River, Great Miami River, Portage River, Muskingum River, Mahoning River and Mill Creek. For more information, click here.

Ohio EPA issues draft renewal general permit covering industrial storm water discharges.

2010-12-09T14:42:00.000-05:00

The new draft adds different industries and establishes additional monitoring requirements. For more information, a public information session will be held on December 16, 2010. For more information, click here.

Ohio Department of Natural Resources issues a draft report containing recommendations for implementing the Great Lakes Compact in Ohio.

2010-12-08T13:40:00.000-05:00

The advisory board that produced these recommendations will submit a final report to the Governor and General Assembly by December 15, 2010. For more information, click here.

Fink v. Twentieth Century Homes, 2010-Ohio-5486 (8th Dist. Ohio November 10, 2010).

2010-12-07T16:40:00.000-05:00

In a suit against a public entity (for common law torts allegedly caused by the maintenance of a sewer system), a plaintiff need not affirmatively demonstrate an exception to immunity to survive a motion to dismiss. To review the case, click here.

Ohio EPA issues draft NPDES general permit for storm water discharges associated with industrial activity.

2010-11-30T10:41:00.000-05:00

This new permit is slightly different from the federal MSGP; it excludes certain industries from coverage (including petroleum bulk terminals and coal surface mining) and alters monitoring requirements. For more information, click here.

Milford, Ohio aquifer site proposed to be added to Superfund National Priorities List

2010-11-23T10:40:00.000-05:00

The groundwater is contaminated with VOCs. Currently, the source of these contaminants is unknown. To learn more, click here.

The Federal Trade Commission proposes new green guidelines.

2010-11-19T10:42:00.000-05:00

The new guidelines provide direction to marketers attempting to make environmental benefit claims about their products. For more information, click here.

Toledo, Ohio agrees to make major improvements to city’s sewer system at an estimated cost of $315 million.

2010-11-18T10:39:00.000-05:00

The agreement modifies a 2002 agreement involving the Toledo’s sewer system and aims to reduce the City’s persistent sewage overflows into Swan Creek, the Maumee River, and the Ottawa River. For more information, click here.

New 49.9 MW solar farm to be built in Southeastern Ohio.

2010-11-12T13:38:00.000-05:00

The farm would house 239,400 solar panels and create 600 (300 permanent) jobs. For more information, click here.

Ohio EPA issues draft permit for petroleum related corrective actions.

2010-11-10T10:35:00.000-05:00

Changes include new limits for lead and a more specific analytical method. Comments due December 20, 2010. For more information, click here.

EPA proposes new rule limiting emissions from sewage sludge incinerators.

2010-11-08T11:34:00.001-05:00

The proposed rule sets New Source Performance Standards and emission guidelines. For more information, click here.

Ohio EPA seeks comments on Urban Setting Designation for the City of Cleveland.

2010-11-05T10:37:00.000-04:00

The designation would reduce ground water cleanup requirements under Ohio’s Voluntary Action Program and would promote redevelopment. Comments due by November 16, 2010. For more information, click here.

State ex rel. MJB Realty of Cincinnati v. Butler Cty. Bd. of Commrs., 2010-Ohio-4803 (12th Dist. Ohio 2010).

2010-11-04T10:31:00.000-04:00

MJB Realty sued, seeking to overturn a decision by the Butler County Board of Commissioners that disallowed a sewage lift station on the Plaintiff’s property. Without the lift station, MJB could not develop its property as it desired, and it alleged that the County’s refusal constituted a taking. The Court held that the County’s decision did not constitute a taking, because MJB did not have a constitutionally protected right to access the County’s sewer system. To review the case, click here.

U. S. Environmental Protection Agency and National Highway Traffic Safety Administration Seek Public Input on New Fuel Economy Labels

2010-11-03T10:34:00.000-04:00

The new labels would affect new vehicles starting in 2012 and would provide information regarding fuel economy and consumption, fuel costs, and environmental impacts. For more information, click here.

Ohio EPA proposes Antidegradation Rule amendments.

2010-11-03T10:33:00.000-04:00

A hearing will be held on the proposed amendments on November 10, 2010 in Columbus. Comments will be accepted until November 10, 2010. To learn more, click here.

United States v. Bd. of Commrs. of Hamilton Cty., No. 10-3116 (6th Cir. October 27, 2010).

2010-11-03T10:31:00.000-04:00

In September, the Sixth Circuit held that Loveland is barred from challenging the effects of a Clean Water Act consent decree. Appellant Loveland sought rehearing en banc, which the Court unanimously rejected. McMahon DeGulis attorney Louis McMahon represented the City of Cincinnati in the case.

Ohio EPA orders the Village of Camden to obtain a new drinking water source.

2010-10-28T16:17:00.000-04:00

Residents complained of a salty taste to the water, and each of the Village’s three wells exceeded chloride standards. For more information, click here.

Ohio Department of Natural Resources opens grant program to preserve, protect and enhance Ohio’s Lake Erie costal resources.

2010-10-27T13:15:00.000-04:00

The grants are available to communities, local governments, non-profit organizations, state agencies, planning commissions and educational institutions. Applications are due Friday, November 19, 2010. For more information, click here.

Ohio EPA makes draft Ground Water Rule Guidance available for comment.

2010-10-26T16:14:00.000-04:00

The guidance aims to help reduce the number of triggered source water monitoring sample required. Comments are due October 11, 2010. For more information, click here.

US EPA issues new funding for brownfield assessment and job training grants.

2010-10-21T16:12:00.000-04:00

Proposals are due October 15, 2010. For more information, click here

Ohio EPA proposes new groundwater rule aimed at increasing protection against contaminants.

2010-10-18T16:11:00.000-04:00

The new rule adopts federal standards.

Monroe Falls v. Division o f Mineral Resources Management, No. 10AP-66 (10th Dist. Ohio Sept. 21, 2010)

2010-10-14T14:09:00.002-04:00

The Court affirmed the decision of the trial court regarding ODNR’s issuance of a drilling permit near the Cuyahoga River. In its holding, the Court noted that the statutory framework governing the issuance of drilling permits only requires the minimization of drilling risks, not the complete elimination of such risks.

To review the case, click here.

The State of Ohio is currently accepting applications for funding of biofuel projects.

2010-10-13T15:16:00.000-04:00

Grant proposals are due Friday, October 22, 2010, and the State will host a conference for interested parties on Wednesday, October 6, 2010. Click here for more information.

In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation, No. 1:08-WP-65000 (N.D. Ohio Sept. 15, 2010)

2010-10-12T10:08:00.000-04:00

Court refused to dismiss plaintiffs’ fraud claim regarding the marketing of washers as “ENERGY STAR” and “High Efficiency.”

Director of the Ohio Department of Natural Resource issues warning regarding drilling leases.

2010-10-11T16:19:00.000-04:00

As drilling in Eastern Ohio becomes more popular (a result of the recent interest in the Marcellus Shale formation), the Director urges property owners to do their research before signing a lease. For more information, click here.

Swallie v. Rousenberg, No. 09-MO-2 (7th Dist. Ohio Sept. 23, 2010)

2010-10-11T16:11:00.002-04:00

The 7th District held that the oil and gas rights of a property remained with the assignee of those rights regardless of the fact that the property thereafter changed ownership.

To review the case, click here.

Stark C & D Disposal v. Board of Health of Stark County, No.10AP-51 (10th Dist. Ohio Sept. 28, 2010).

2010-10-11T16:09:00.002-04:00

The Court upheld an ERAC ruling permitting the expansion of a C&D facility to within 1000 feet of a private well despite the local Board of Health’s decision to deny the expansion. The Court’s holding is based upon ERAC’s interpretation of the rules governing C & D facilities and the lack of scientific data supporting the Board of Health’s decision.

To review the case, click here.

United States v. Loveland, No.10-3116 (6th Cir. Sept. 15, 2010)

2010-10-11T16:07:00.002-04:00

Loveland is barred by the doctrines of laches and equitable estoppel from challenging the effects of a Clean Water Act consent decree. McMahon DeGulis attorney Louis McMahon represented the City of Cincinnati in the case.

Ford Motor v. Michigan Consol. Gas, 08-cv-13503-DT (E.D. Mich. Aug. 27, 2010).

2010-09-28T08:39:00.000-04:00

Defendant’s counterclaim for cost recovery under CERCLA is dismissed for failing to properly allege “necessary costs” in the counterclaim.

US EPA to regulate dyes, flame retardants, and industrial detergents

2010-09-25T11:33:00.000-04:00

EPA plans to address these widely used chemicals under the Toxic Substances Control Act.

Morgan v. Silver Lake, 2010-Ohio-3581 (Ohio 9th Dist. August 4, 2010).

2010-09-21T11:37:00.000-04:00

Court affirms judgment classifying Plaintiff’s well as an auxiliary water system and upholding Village Director’s order to install a backflow prevention device. View the case.

Federal Task Force sends recommendations to President Obama regarding Clean Coal Technology

2010-09-17T11:36:00.000-04:00

The recommendations address Carbon Capture and Storage.

Ohio DNR now accepting comments on its plan for the Coastal Zone Enhancement Grants Program

2010-09-14T11:32:00.001-04:00

The plan sets forth the Department’s assessment and strategy for 2011-2015. Comments are due September 17, 2010. View the plan.

US EPA proposes to change chemical reporting requirements under the Inventory Update Reporting Rule

2010-09-13T11:31:00.000-04:00

Included in the changes are a requirement to submit information electronically for quicker public access and a limitation on the information that can be deemed confidential. View the changes.

Ohio EPA issues guidance on standards for area sources

2010-09-10T09:29:00.000-04:00

The newly issued guidance clarifies the various MACT/GACT rules.

Stamper v. Richmond Heights, 2010-Ohio-3884 (Ohio 8th Dist. August 16, 2010)

2010-09-09T08:23:00.000-04:00

Plaintiff failed to establish that storm water flooding on Plaintiff’s property constituted a taking because a City has no duty to maintain or repair a private storm water sewer system on private property that it did not construct, did not appropriate or accept and was not part of a regularly running public watercourse. To view the case, click here.

Ohio EPA revises its draft general NPDES permit for non-contact cooling water discharges

2010-09-07T11:23:00.000-04:00

Comments on the draft are due September 30, 2010. Click here for more information.

EPA Proposes Stopgap Rules to Facilitate Greenhouse Gas Emission Permitting

2010-09-07T10:17:00.000-04:00

U.S. EPA’s Greenhouse Gas Tailoring Rule, finalized in May, 2010, requires that facilities with certain greenhouse gas emissions must be permitted under the Clean Air Act by January, 2011. Covered facilities include power plants, industrial boilers, and oil refineries. U.S. EPA’s proposed rules are meant to fill the gap as some states will not be able to revise their State Implementation Plans in time to cover these emissions. U.S. EPA has proposed a Federal Implementation Plan whereby the permits would be issued by U.S. EPA.

To view EPA’s fact sheet on the proposed rules, please click here.

TSCA Inventory Update Reporting Rule Proposed

2010-09-02T10:19:00.002-04:00

U.S. EPA has proposed a draft Inventory Update Reporting rule under the Toxic Substances Control Act. The proposed rule requires manufacturers of certain chemicals on the TSCA Chemical Substances Inventory to electronically submit information on the manufacturing, importing, processing and use of chemical substances. EPA is also altering the circumstances under which reporting requirements are triggered and the data that must be reported. EPA is accepting public comments on the proposed rule through October 12, 2010.

To view the publication of the proposed rule in the Federal Register, please click here.

EPA Issues Chemical Action Plans

2010-09-02T10:16:00.003-04:00

U.S. EPA has issued Chemical Action Plans to address potential health risks with benzidine dyes, hexabromocyclododecane (HBCD) and nonylphenol (NP)/nonylphenol ethoxylates (NPEs) – chemicals widely used in consumer and industrial applications, including dyes, flame retardants, and industrial laundry detergents. The Action Plans include adding HBCD and NP/NPE to EPA’s Chemicals of Concern list and issuing significant new use rules for all three chemicals. For HBCD and benzidine dyes, the Action Plans also include imposing new Toxic Release Inventory reporting requirements and potentially banning or limiting the manufacture or use of the chemicals.

To view the Chemical Action Plans, please click here.

New Fuel Economy Labels Proposed

2010-09-02T10:15:00.002-04:00

U.S. EPA and the U.S. Department of Transportation are jointly proposing to change the fuel economy labels that are required on all new cars and light-duty trucks sold in the U.S. The labels are intended to enable consumers to make informed vehicle comparisons. The Energy Independence and Security Act of 2007 requires EPA and DOT to rate available vehicles according to fuel economy, greenhouse gas emissions and smog forming pollutants. The agencies are seeking public input on two proposed label designs.
To view the proposed fuel economy labels, please click here.

Ohio EPA updates Hazardous Waste Tank Advisory.

2010-08-30T12:05:00.000-04:00

The changes aim to facilitate review of Part B permit application and affect external concrete liners.

U.S. EPA proposes new rule to reduce fine particle and ozone pollution in the eastern United States.

2010-08-26T10:00:00.000-04:00

The new rule, known as the “Transport Rule,” would include requirements for reductions in SO2 and NOx emissions and allows for units to opt-in to a proposed emissions trading program.

EPA Allows More Time For Input On Coal Ash Rule

2010-08-23T09:59:00.001-04:00

The U.S. Environmental Protection Agency said Friday it would extend the public hearings in 7 cities on this rule. The EPA has proposed groundbreaking national regulations for the disposal and management of coal ash from coal-fired power plants. For more information, click here.

U.S. House of Representatives to debate Toxic Chemicals Safety Act of 2010.

2010-08-20T12:03:00.001-04:00

If passed, the Act would widely expand the reporting and testing obligations already required of the chemical industry.

US EPA Issues Rules on Mercury Emissions from Cement Plants

2010-08-13T16:06:00.003-04:00

On August 9, 2010, the US EPA issued its final rulings on mercury and other toxic emissions from cement plants. These are the first national limits to be imposed on existing and new Portland cement manufacturing facilities, the third largest source of mercury emissions. The rules will be fully implemented in 2013. Click here for more information.

Ohio EPA issues overview of groundwater quality in Ohio.

2010-08-13T13:00:00.000-04:00

The report summarizes data on the quality of Ohio’s major aquifers.

Ohio joins four other states in filing new lawsuit against the Obama Administration to prevent the spread of Asian Carp into the Great Lakes.

2010-08-11T12:00:00.000-04:00

Filed in the Northern District of Illinois, the suit alleges claims under the Administrative Procedures Act as well as a claim for public nuisance.

Ohio EPA revises memorandum regarding the small source BAT exemption.

2010-08-10T12:02:00.001-04:00

The revisions describe DAPC’s approach to determining BAT for sources that emit under ten tons per year and became effective on July 2, 2010.

US v. Washington State Dept. of Transp., No. 08-5722RJB (W.D. Wash. June 7, 2010).

2010-08-10T12:00:00.000-04:00

Washington State Department of Transportation (WSDOT) constructed a drainage system to protect a roadway from water damage. Coal tar migrated from the adjacent soil through the drainage system and into a nearby waterway. The Court held that WSDOT is strictly liable under CERCLA as an arranger for the contamination.

Ohio EPA issues draft antidegradation rule.

2010-08-09T16:34:00.002-04:00

The new rule clarifies applicability of exemptions for existing sources and clarifies procedures regarding a water body’s pollutant assimilative capacity. Comments are due August 19, 2010.

Ohio Department of Natural Resources announces the re-opening of the Conservation Reserve Program.

2010-08-09T16:33:00.002-04:00

Under the program, farmers and other land owners plant grass, trees and shrubs to protect soil and water and add wildlife habitat to the landscape. In return, program participants ensure income on touch-to-farm and low producing areas. Enrollment began Monday, August 2, 2010.

Ohio EPA issues draft amendments to align Ohio regulations with the federal Greenhouse Gas Tailoring Rule.

2010-08-03T11:29:00.003-04:00

Comments due August 13, 2010.

U.S. EPA acts to ensure proper cleanup of Enbridge Spill in Michigan.

2010-08-03T11:29:00.000-04:00

Over 800,000 gallons of crude oil have spilled to date.

Ohio EPA issues new guidance regarding indoor vapor intrusions.

2010-07-29T10:01:00.003-04:00

The new guidance should help with collection and evaluation of indoor air for those undertaking remedial response.

Ohio EPA issues Draft 2010 Water Pollution Control Loan Fund Program Management Plan.

2010-07-29T10:01:00.000-04:00

The new plan would expand the types of financial assistance available for water quality improvement projects.

US EPA sends letter to Congress to support reinstatement of Superfund “polluter pays” taxes.

2010-07-29T10:00:00.005-04:00

The reinstatement would tax manufacturers and sellers of substances that typically cause environmental problems in order to pay for the cost of cleanup at Superfund sites. Currently, the Superfund program draws from the General Revenue to support cleanup efforts.

US EPA publishes proposed rule regarding coal combustion residuals.

2010-07-29T10:00:00.002-04:00

EPA proposes to either classify coal combustion under subtitle C or subtitle D of RCRA. Comments due September 20, 2010.

US EPA proposes new permit requirements for pesticide discharge.

2010-07-20T11:42:00.003-04:00

The proposed rule stemmed from a decision of the 6th Circuit ruling that pesticide discharges are pollutants, thus requiring a permit. (Nat’l Cotton Council v. EPA, No. 06-4630 (6th Cir. Jan. 7, 2009).)

US EPA holds three public hearings and extends the comment period for regulatory proposals addressing boiler emissions.

2010-07-20T11:42:00.000-04:00

Comments now due August 3, 2010.

US EPA proposes to update the Drinking Water Rule to better protect public health.

2010-07-20T11:41:00.002-04:00

The revisions would require vulnerable public water systems to identify and fix problems.

Governor Strickland signs law aimed at drawing more green energy to Ohio.

2010-07-07T13:43:00.000-04:00

The new law eliminates the tangible personal property tax and real tax on energy generation in advanced energy projects in Ohio.

Read more here: http://development.ohio.gov/newsroom/2010PR/June/6.htm

Penn. Gen. Ins. Co. v. Park-Ohio Indus., 2010-Ohio-2745 (Ohio June 22, 2010).

2010-07-07T13:41:00.003-04:00

In a case regarding the allotment of insurance liability, the Court affirmed all-sums allocation, and further held that a failure to notify a non-targeted insurer of a pending claim does not make that insurer’s policy inaccessible for contribution.

The Court opinion is available here: http://www.sconet.state.oh.us/rod/docs/pdf/0/2010/2010-ohio-2745.pdf

Boley v. Goodyear Tire & Rubber Co., 2010-Ohio-2550 (Ohio June 10, 2010).

2010-07-07T13:40:00.001-04:00

The Court held that O.R.C. 2307.941(A) bars tort liability against a premises owner for asbestos exposure originating from asbestos on the owner’s property where the exposure occurred off the owner’s property. This will affect secondary exposure asbestos cases filed after the enactment of O.R.C. 2307.941(A).

The Court Opinion is available here: http://www.sconet.state.oh.us/rod/docs/pdf/0/2010/2010-ohio-2550.pdf

Banford v. Aldrich Chem. Co., 2010-Ohio-2470 (Ohio June 9, 2010)

2010-07-02T10:10:00.000-04:00

In a nuisance claim, in order to recover damages for annoyance and discomfort, plaintiff must present evidence of physical discomfort.

Monsanto v. Geertson Seed Farms, No. 09-475 (June 21, 2010)

2010-07-02T10:09:00.003-04:00

Under NEPA, where an agency proposal requires an EIS, regulations may permit some action in furtherance of that proposal while the EIS is prepared.

Stop the Beach Renourishment v. Florida Dept. of Envtl. Prot., No. 08-1151 (June 17, 2010)

2010-07-02T10:09:00.001-04:00

Florida’s decision to restore eroded beach by filling in submerged land did not constitute an unconstitutional taking of littoral property owners’ rights.

Ohio State and Ohio University partner to address climate change policies and their impact on Ohio.

2010-05-13T14:08:00.000-04:00

The institutions received ARRA funding to help prepare the State for any future climate change legislation.

Ohio approves Clean Ohio grants to communities for brownfield redevelopment

2010-05-13T14:07:00.000-04:00

The grants, totaling almost $800,000, were awarded to Massillon, Columbus, and the Stark County Park District.